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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114028
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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do you have some knowledge of special education especially

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do you have some knowledge of special education especially IEPs?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I do have knowledge of the Individuals with Disabilities in Education Act and the IEP process. . What is your specific question?
Customer: replied 3 years ago.

IF THE PREVIOUS SCHOOL HAD IN ITS IEP THAT ALEX, MY SON WHO WAS ORIGINALLY DIAGONSED MODERATE-SEVERE ON AUTISM SPECTRUM DISORDER, BUT NOW PICA(eating disorder), SEVERE AUTISM, AND EVEN SEVERE TOURETTES SYNDROME (INSTEAD OF 88:1 HE IS MORE LIKE 10,000 IN ONE. SHOULD THEY HAVE TRANSPORTED HIM IN THE BEGGINING WITH HARNESS.he has a history of attacking people in vehicles SHOULD we my wife and SHOULD I BE FURTHER COMPENSATED ESPECIALLY BECAUSE HE ATTACKED MY WIFE, TORE HER UNDERSHIRT, AND WAS CHOCKING MY WIFE, WITH JUST THE TWO OF THEM IN OUR CAR.MY WIFE AND I HAD TO RIDE TOGETHER TOAND FROM SCHOOL A 84 MILE ROUNDTRIP TWICE A DAY

ALSO, ABOUT THREE WEEKS LATER HE THROWS A TOY CAR AT LEAST TWO POUNDS AND HITS RIGHT DIRECTLY IN THE BACK O MY HEAD. I HAVE FILED A COMPLAINT AGAISN'T LEA TO STATE EDUCATION BOARD.

 

Customer: replied 3 years ago.

PAULMJD DID YOU RECEIVE MY RESPONSE TO YOUR INQUIRY?

Customer: replied 3 years ago.

ARE YOU ONLINE SIR?

Thank you for your response. I apologize for the delay in responding as it was late when I took on your question and while waiting for you to respond I had to log off and get some sleep.

The school must comply with his old IEP up until they get their own new IEP in place. Even when a school has an IEP, the accommodations they give must be reasonable. If they had no means to transport your son 84 miles round trip to and from home every day, which is a long distance for a school, they would argue that this would be an excessive burden. ALso, if a parent is dealing with their own child, IEP or not, the school and nobody is liable for damages to the parent if the child attacks their own parent I am afraid as the parents are those liable for caring for their child.

As the parents you are expected to be aware of what is in your child's IEP and any other special needs and care you can provide him to keep him and you safe, that is your responsibility as a parent and beyond the school's legal responsibilities under the IDEA. You knew the child should be restrained and if you transport the child without proper restraints that is not the school's fault and if the school cannot make a 84 mile round trip, they will likely be able to substantiate an argument that the distance is too excessive for them to make.
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Customer: replied 3 years ago.

EXCUSE ME SIR BUT I FIND ISSSUES WITH YOUR OPINION FOR THE FOLLOWING(1) WE LIVE IN RURAL AREA AND ALL ADJACENT SCHOOL SYSTEMS TRANSPORT THEIR SPECIAL NEEDS AUTISTIC CHILDREN TO THIS PARTICULAR SCHOOL (2) WE DONT AGREE ON EVERYTHING BETWEEN PAULMJD AND ME TO STILL WORK TOGETHER (3) THEY DID NOT PROPERLY ADVERTISE FOR THE POSITION FOR AT LEAST ONE TO TWO YEARS, AND ASKED US IF WE WANTED JOB DURING MEDIATION AND WE FLAT REFUSED (4) I WILL PROCEED WITH COMPLAINT EVEN IF I DONT GET MONETARY DAMAGES, NOT JUST ON MY CHILDS BEHALF, BUT ON BEHALF OF CURRENT AND FUTURE CHILDREN IN THIS LEA, AND EVEN THE NEXT LEA WE MOVE TO. (4) MY WIFE AND I ARE AUTISM/SPECIAL NEEDS ADVOCATES (5) THE SCHOOL IS INCOMPETENT AND UNCONCERNED(EVEN AS COMPARED TO SMALLER ADJACENT LEAS IN AREA.

Thank you for your response.

Please understand, I was not giving any "opinion" as I really only provide you the unbiased positions you are able to argue and what the counter arguments will be. If they are transporting other special needs children those distances, then that removes the particular argument of distance (remember I have no idea where you live or what area or type of area you live in as you have never told me until now).

If your school district is not providing proper employees to deal with your son's needs, then unless they prove they either suffered from lack of funds or nobody applied who was qualified, this is a grounds to pursue them through the Department of Education first under the IDEA or then through court if the DOE cannot resolve the issue.

Proceed with the complaint to the DOE first about them failing to provide services as promised before considering going through the court.
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